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In re Thomas

Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for repaying his creditors that excluded Social Security income ("SSI") he was receiving from his projected disposable income ("PDI") and paid a zero dividend to his unsecured creditors. A trustee who was appointed to administer the debtor's bankruptcy plan filed an objection to the plan.
Ruling: 
Confirmation denied as not proposed in good faith due to insufficient contribution of net monthly income to unsecured creditors.
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Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0211-098

In re Royal West Props.

Chapter 7 trustee objected to secured claims filed by investors of the debtor's business.
Ruling: 
Creditor investors with unperfected security interests in reacquired real estate held unsecured claims.
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Commercial case opionion summary, case decided on December 29,2010, LexisNexis #0211-015

In re British Am. Isle of Venice Ltd.

Petitioner was appointed by the High Court of Justice, British Virgin Islands, Commercial Court (the "BVI court"), to liquidate a British Virgin Islands corporation that conducted business in the United States, and he filed a petition in the bankruptcy court which asked the court to recognize the action in the BVI court as a foreign main proceeding under 11 U.S.C.S. § 1517(b)(1). A creditor opposed the petition.
Ruling: 
Petitioner who represented debtor's parent, debtor's largest creditor, in other bankruptcy cases was eligible to seek recognition of foreign main proceeding.
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Commercial case opionion summary, case decided on December 23,2010, LexisNexis #0111-099

In re Rice

In two bankruptcy cases, the Chapter 13 sought entitlement to the full amount of the refunds pursuant to the confirmation order that was entered in each case. In Case No. 09- 8310, debtor filed a Motion to Modify Confirmed Chapter 13 Plan. In Case No. 09-8888, the Chapter 13 Trustee filed a Motion to Dismiss for Failure to Comply with Order Confirming Plan.
Ruling: 
Chapter 13 trustee not entitled to full amount of tax refunds received by debtors and non- debtor spouses.
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Consumer case opionion summary, case decided on December 23,2010, LexisNexis #0211-131

Booth v. Booth (In re Booth)

Plaintiff creditors filed a complaint against defendant Chapter 13 debtors asserting, inter alia, the dischargeability of a debt relating to the creditors' purchase of a house and lot from the debtors. The complaint was tried on the limited issue of whether the debtors, in their dealings with the creditors, committed false pretenses, a false representation, or actual fraud within the meaning of 11 U.S.C.S. § 523(a)(2)(A).
Ruling: 
State implied warranty of fitness and habitability was insufficient to establish nondischargeability of debt relating to house sale.
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Consumer case opionion summary, case decided on December 21,2010, LexisNexis #0111-082

In re Antonini

A Chapter 7 trustee filed a motion to approve a compromise and settlement arising out of a creditor's claim against a debtor for damages under 11 U.S.C.S. § 303(i) and an action for money damages brought by the debtor and his wholly-owned company against the creditor in federal district court. The debtor objected to the motion.
Ruling: 
Trustee's proposed settlement of damages claim for debtor's filing of involuntary petition against creditor denied.
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Consumer case opionion summary, case decided on December 20,2010, LexisNexis #0111-071

Arch Ins. Co. v. Spivey (In re Spivey)

Creditors sought entry of an order for relief under chapter 7 against the involuntary debtor. The involuntary debtor denied there were grounds for relief under 11 U.S.C.S. § 303(h), and moved that the petition be dismissed.
Ruling: 
Involuntary petition was proper where debtor failed to make payment on 90 percent of total debt held by petitioning creditors.
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Consumer case opionion summary, case decided on December 17,2010, LexisNexis #0211-001

In re Mercer

This matter came before the court on a Motion to Voluntarily Dismiss filed by debtors pursuant to 11 U.S.C.S. § 707(a). The Chapter 7 Trustee objected.
Ruling: 
Voluntary dismissal denied due to prejudice to creditors.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-092

Lewis v. Lowery (In re Lowery)

Plaintiff creditor filed a summary judgment motion seeking judgment on a complaint to determine the dischargeability of debt owed to the creditor by defendant debtor pursuant to 11 U.S.C.S. § 523(a)(2)(A), (a)(4), (a)(6). Debtor filed a response in opposition thereto. The case arose out of a contract for construction of a residence.
Ruling: 
Debt was nondischargeable due to debtor contractor's misrepresentations and fraud.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-084

In re Poff

A debtor filed a Chapter 11 bankruptcy petition to stop a foreclosure. The case was converted to a Chapter 7 case. A creditor's security interest was inadvertently released before the mortgage on the debtor's residence was paid in full. The debtor sought declaratory relief as to secured status, to avoid preferential transfer, and for monetary damages for wrongful foreclosure. The creditor filed a motion for summary judgment on a preference claim.
Ruling: 
Mortgagee's cancellation of rescission did not constitute an avoidable preference.
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Consumer case opionion summary, case decided on December 16,2010, LexisNexis #0111-090

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